Karl Bayer's Disputing Blog

American Exceptionalism in Consumer Arbitration

By Beth Graham - May 22, 2013

Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disp

Operation Arbitration: Privatizing Medical Malpractice Claims

By Beth Graham - May 15, 2013

Myriam E Gilles, Professor of Law at the Benjamin N Cardozo School of Law has authored an interesting article entitled "Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law." In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future.

International Arbitration and Discovery Under 28 U.S.C. Section 1782

By Beth Graham - May 8, 2013

S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored an article discussing the changing role of discovery requests pursuant to 28 U.S.C. Section 1782 in international arbitration disputes.

Interest Arbitration as Alternative Dispute Resolution: The History

By Beth Graham - May 6, 2013

In a recently published paper, Professor Joseph Slater (University of Toledo College of Law) examines the long history of using “interest arbitration” in public-sector labor relations disputes. The paper gives a historical overview of the development of interest arbitration, discussing how and why it developed as it did.

Lessons from Mediators’ Stories

By Beth Graham - April 30, 2013

Professor John Lande of the University of Missouri School of Law has authored a thoughtful paper entitled Lessons from Mediators’ Stories, 34 Cardozo Law Review (Forthcoming August 2013); This article is part of a symposium discussing the book, Stories Mediators Tell, edited by Eric Galton and Lela Love.

Arbitration and Access to Justice: Economic Analysis

By Beth Graham - April 26, 2013

In a recent paper entitled "Arbitration and Access to Justice: Economic Analysis", University of Chicago Law School Professor Omri Ben-Shahar argues that mandatory arbitration clauses in contracts generally benefit most consumers. He also states that limiting access to arbitration in favor of a courtroom often provides an advantage to only the most elite consumers.

Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?

By Beth Graham - April 11, 2013

Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.

Concerted Action Includes Concerted Dispute Resolution

By Beth Graham - April 10, 2013

Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.

Arbitrating ‘Arbitrability’

By Beth Graham - April 1, 2013

Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published a paper entitled Arbitrating ‘Arbitrability’, World Arbitration and Mediation Review, 2013; U of Texas Law, Public Law Research Paper. In his paper, Professor Rau examines threshold challenges to the use of arbitration in both international and domestic commercial disputes. Here is the abstract: It is quite common, in

Class Arbitration on the Ropes Again

By Beth Graham - March 27, 2013

Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument